Mrs. Bojang and the other five co-defendants were charged with 7counts of ’Conspiracy to commit felony’, ‘Unlawful assembly’, ‘Riot’,‘Incitement of violence’, ‘Riotously interfering with vehicles,‘Holding procession without a permit’, and ‘Disobeying an order todisperse from an unlawful procession. The other defendants, namelyIsatou Saidy, 60 years old woman, Kaddy Samateh, a motherbreastfeeding a one month old baby, Sukai Dahaba, Fatou Sarr and AmieTouray, were granted bail in an earlier proceeding during which thethird accused was rushed to the police clinic after she fell ill.

The other accused persons are represented by lawyers Anna Njie, LoubnaFarage, Haddy Dandeh Jabbie and Sagarr Jahateh, who are members of theFemale Lawyers Association of the Gambia (FLAG), while Lawyer SheriffKumba Jobe appeared for the state.When the case was called, the charges were read out to Madam Bojangwho pleaded not guilty to all the seven counts.

At this juncture, Lawyer Njie, the lead defence counsel, told thecourt that she wished to apply for bail for the 3rd accused and isrelying on the submissions made on the 19 of May 2016 in the bailapplication for the other five accused persons.

Barrister Njie further urged the court to apply its ruling on the 19May, 2016 on the case of the other accused persons and in the same terms and conditions.

Responding to the defence, Lawyer Jobe said the defencecounsel failed to make a proper bail application for the 3rd accusedperson and that the granting of bail is at the discretion of thecourt. He added that in the exercise of such discretion the court must bejudiciously guided.

“The previous bail granted to the 1st, 2nd,4th, 5th and 6th accused persons was premised on specialcircumstances, however, today there is no special circumstance to putbefore this court“, said the state counsel.

He continued “We would have considered whether to oppose theapplication or otherwise if similar circumstances were advanced.”

The state counsel further submitted that in light of that they areurging the court to do what is justice in the case and grant the 3rdaccused person bail provided that her defence counsel re providesenough reasons.

State counsel Jobe asked the court not to grant the 3rd accused personbail on the same terms and conditions of the other accused persons butto make her conditions stiff and that she should also be ordered to deposit hertravelling documents as a security to prevent her from jumping bail.

Replying on points of law, Lawyer Njie told the court that stateprosecutor has not given the court cogent reasons as to why the 3rdaccused person should be granted a stiff bail conditions.

“In the absence of any tangible evidence, it is my submission that itshould be disregarded. Section 99 of the Criminal Procedure Code hasgiven powers to this court to grant bail at its discretion and sinceno cogent reason was given by the State as to why stiff conditionsshould apply to the 3rd accused person, I urged this court to beguided by sections 19 and 24 of the Constitution of the Gambia incoming to a just decision,” she submitted.

In his ruling, Principal Magistrate Abeke said the state counsel didnot tell the court the distinguishing factor why the 3rd accusedperson should be treated differently from the other accused persons.

He further said the accused persons are jointly charged for the sameoffences and as such they shall be granted the same bail conditions.

Magistrate Abeke said in the light of the above, she is herebygranting bail in the same terms and conditions of the other accusedpersons that is in the sum of 20,000 with 0ne Gambian surety who mustswear to affidavit of means and surrender his/her travelling documentsto the Registrar of the court.